Section 18A - Poisons and Therapeutic Goods Act 1966 - Evidentiary provisions

18AEvidentiary provisions

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18A Evidentiary provisions

(1) A person who has actual possession of a quantity of a prescribed restricted substance exceeding the quantity prescribed for the purposes of this subsection is, for the purposes of any proceedings for an offence involving the supply of a quantity of that substance, taken to have possession of the substance for the purposes of supply unless the person—

(a) proves the contrary, or

(b) proves that the possession of the substance was obtained in accordance with the prescription of a medical practitioner, nurse practitioner, midwife practitioner, optometrist, podiatrist, dentist or veterinary practitioner.

(2) A substance that, for the purpose of being supplied, is represented as being a particular prescribed restricted substance is taken to be that particular restricted substance for the purposes of any proceedings for an offence involving the supply of a prescribed restricted substance.

(3) In this section, prescribed restricted substance means a restricted substance prescribed by the regulations for the purposes of section 16.

s 18A: Ins 1970 No 53, sec 2 (1) (h). Am 1977 No 5, Sch 3; 1977 No 110, Sch 2 (10); 1981 No 88, Schs 1 (4), 2 (11); 1992 No 112, Sch 1. Subst 1996 No 2, Sch 1 [19]. Am 1998 No 102, Sch 2 [14]; 2002 No 30, Sch 6.5 [14]; 2003 No 45, Sch 2.15 [20]; 2003 No 87, Sch 3.18 [2]; 2012 No 39, Sch 1.3 [4].